Committee according to an election Code provided by the Election Committee and approved by the Business
Council. All elections shall be by secret ballot. The election ordinance shall include provisions for resolving
election disputes, procedures for submitting any petitions provided for in this Constitution and a procedure
for determining their validity.
Section 2. All elections shall be conducted by an Election Committee composed of 3 qualified Tribal voters.
One alternate shall be available to serve in the absence of a regular member of the Election Committee.
Such committee shall conduct elections in conformity with the election ordinance and this Constitution, and
certify the results of the election to the Tribal Council on the Monday following the election. The Tribal
Council shall immediately consider the certified results of the election and, unless some invalidity, illegality,
tie vote or a failure of the leading candidate for an office to receive a 50% or greater majority (as provided
in Section 3 of this Article) requiring another election, officially accept the certified results. A Spokane Tribal
Judge shall administer the oath to the elected members. Elected officers shall assume responsibility 10
working days after said certification.
Section 3. If the top 2 candidates for an elective office are tied or no candidate for an office has received
50% or more of the total vote cast for that office, a run-off election shall be called for and held the second
Saturday after the Annual Election. Such election shall be between said tied candidates or between the 2
candidates for the particular office who received the most votes.3
Section 4. A qualified voter is any member of the Spokane Tribe, 18 years of age or over. He shall exercise
his right of vote in person at a prescribed voting place. The voter will be required to show proper
identification at the polling location. 16
ARTICLE VII - VACANCIES AND RECALL
Section 1. Any vacancy in the Business Council shall be filled by the Business Council. Such appointee shall
qualify pursuant to Article V and hold office until the next regular election when it shall be filled by election
for the balance, if any, of the unexpired term. No vacancies that occur within 3 months of the next regular
election shall be filled except that the remainder of the Tribal Council shall fill any vacancies in excess of 2 so
that the Tribal Council may maintain a quorum.
Section 2. Recall: Upon receipt of a written petition signed by 250 qualified voters of the Spokane Tribe
calling for the recall of any Tribal elected official, it shall be the duty of the Business Council to call a special
General Council meeting to conduct a hearing for the member involved within 10 days of receipt of said
petition. Any enrolled member of the Tribe may attend said hearing. If at the conclusion of the hearing, a
majority of voting members of the Spokane Tribe attending the hearing vote to hold a recall election, an
election shall be called for that purpose. The challenged incumbent shall automatically be a
candidate in said election, unless he withdraws. Other candidates may have their names placed on the
ballot and said election shall be conducted within 30 days in the same manner as a regular general election.
14
ARTICLE VIII - POWERS AND DUTIES OF THE SPOKANE TRIBAL COUNCIL
The powers and duties set forth in this Article shall be exercised by the Business Council to the full extent
permitted by Federal Law. All the powers and legal authority, express, implied or inherent, vested by
existing law in the Spokane Indian Tribe as a sovereign political entity, which powers and legal authority
shall include but not be limited to the following specific powers and duties:
(a) To legislate and enforce a comprehensive law and order code and Tribal Court System extending
Tribal civil and criminal jurisdiction, to the extent said code provides, over all persons residing on
or coming upon the reservation and over all land and water areas over which the Tribe has
jurisdiction as provided in Article II above.
(b) To administer the affairs and assets of the Tribe including Tribal lands, funds, minerals, timber,
4
Revised Spokane Law & Order Code, 5/14/2013